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Fox News alert on the hunt for fugitive NSA -- Edwards snowed and it witnesses say this note never got on that flight videos except expected to be -- out of Moscow heading to Cuba.
But when the US does eventually track down -- what kind of legal ramifications is he facing judge in -- Pellicano Fox News senior judicial analyst.
Joins me now -- So he's had a curious sat trails well -- and we don't know where is right now -- believe is a mosque.
And that's becoming curiouser and curiouser read our countries to witchy sister -- just -- -- Phil is the in the countries to which is chosen -- go.
And what he might be doing while he's in those countries.
He's just trying to avoid.
Prosecution in the United States of America others think -- may be doing other things to harm us while we're there I mean who knows we'll we'll find out if and when he scored and if and when there.
There is -- Right so let's say he is -- and he's brought back here he's been charged with espionage yes.
How does that charge -- -- based -- well.
Espionage is it constitutionally questionable tell you -- in a minute.
And practically difficult for the government it's constitutionally questionable because the Espionage Act of 1917.
This is a war World War I quote temporary law just to get us through -- World War I which punishes speech.
Speech that can harm the government has arguably been overruled by the Pentagon papers case.
Whether it's been overruled are not a court's -- to have to decide he will be the first person who have been charged with espionage since that since that case.
The other practical problem with -- espionage is in order for the government to prove its case it has to prove that the defendant's words harm to the government.
In the act of doing that it often has to revert reveal more secrets than the defendant -- revealed which is why these are very very unusual prosecutions.
The Pentagon papers case.
Opinion and the difficulty of proving espionage -- -- does not relieve him of the charges.
Of handing over class of our materials to an unauthorized person that is a charge that will stand and one that he'll have to insert four.
It you know we think back to what we talked about last week with regard to whether or not.
This program really kept America safe when you look at the fifty examples that were put forward.
-- general Alexander he's you know laying out the case that inning you have to prove that in order to prove espionage was committed right.
That that what he revealed.
Actually made us more vulnerable because the program was -- working.
Yes and and I don't know that the government wants to do that ending it since general Alexander's revelations of last week the NSA has pulled back.
On one of its major arguments a case in which turned out there was -- jury trial on the guilty plea had nothing to do with what they found right.
From this event -- -- situation Snowden wants to be able to make a moral argument.
That he had to -- with which to comply.
His -- to keep secrets.
And his oath to support protect and defend the constitution and they were compatible any opted for the higher oath I don't know if the court will let him make that argument.
If the court does let him make that argument that more in an area.
That's away from the law and then to value judgments on what kind of value judgments can people make.
When they decide how to comport their lives he will say.
The greatest violation of fourth amendment rights by the federal government in the history of the country.
The public has the right to know that the government is is listening to all of its phone calls and capturing it -- You know what I -- people say if you feel so strongly about it there's no place better to make his case as a -- than here in the United States of America we.
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